‘On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika, a Serbian language newspaper circulating in Serbia and neighbouring countries in hard copy and available in this country only on the internet. Sir Michael held that the Claimant was in breach of his duty of full and frank disclosure and the case is a significant reminder of the duty of candour that rests upon a claimant when seeking permission to serve outside the jurisdiction under CPR 6.36 and of the perils of over-enthusiastic attempts to squeeze foreign claims into this jurisdiction. The case is also important on the question of how section 9(2) Defamation Act 2013 requiring evidence that England and Wales is “clearly the most appropriate place in which to bring an action in respect of the statement” is to be interpreted and the burden it places on a Claimant which the judge decided had not been discharged in this case.’

‘Exempting advice given to ministers from freedom of information requests risks returning the UK to the “dark ages” of “private government”, the information commissioner has warned. Christopher Graham told a review into the legislation that changes to FoI being considered by a government commission could lead to a blanket ban on all advice being made available to the public.’

‘The Secretary of State for the Home Department refused the citizenship applications of the wife and two minor children of an Islamist extremist on good character grounds. The refusal was justified by the Home Office as punishment by proxy which would have the effect of deterring other extremists. The High Court has declared that unlawful in the case of MM & GY & TY v Secretary of State for the Home Department [2015] EWHC 3513 (Admin).’

‘The Government’s plans to close Victorian gaols in towns isn’t just a chance for urban redevelopment, it’s an opportunity to build prisons on a more human scale, with natural light and better facilities. It’s happening across Europe, but could a new generation of nicks become the norm here? Oliver Bennett gives his verdict.’